Research On Criminal Search System

Criminal search is the investigation for the investigative organs to find evidence of a crime, to seize the suspect and to conduct the search of the suspect and other people’s body, belongings, residence and other related places due to the reason that they may hide the evidence or the suspect. As an important investigative technique, Criminal search plays an important role in the fight against crime. The evidence collected and the suspects seized by the search could fight the crime effectively. But as a state power, criminal search has a mandatory feature at the cost of direct violation of individual’s personal rights, privacy, residence and property rights, which is not conducive to the protection of human rights. With the development of science and technology, criminal search has been developed from the reality to virtual space, and would infringe on individual’s privacy in the secret state. Therefore, the Criminal search embodies the conflict with the balance of the fight against crime and the protection of human rights.Although there are some regulations in the current legislation on criminal search, these regulations are not comprehensive, some rough, and with a strong tendency of authority principle. This is directly related to China’s historical tradition and conservative judicial philosophy. In judicial practice, the investigative organs lay emphasis on the investigative functions, but ignore the potential threat to civil rights violation. This leads to serious imbalance between the protection of human rights of the fight against crime, and this is contrary to the spirit of the newly revised Code of Criminal Procedure. Western countries pay special attention to the regulation of the power of search and the protection of civil rights in the search. We could learn from the advantages of the more comprehensive regulations, and make a selective use with the combination with China’s actual situation.By comparison, this article analyzes the provisions of the criminal search procedure in Western countries, finds the current situation and insufficient demonstration of China’s Criminal Search System, and discusses the perfection process of China’s Criminal Search to achieve the balance of the fight against crime and the protection of human rights. The article is divided into four parts. The first part analyzes the concept of a criminal search system, its characteristics and classification. The second part analyzes typical search systems in two different legal systems. By comparing the common parts and differences of the two legal systems, this article brings up the experience that may be valuable to China’s situation. The third part introduces the current situation and problems of China’s criminal search system, analyzes the reasons for these problems from the perspectives of legislative concept, rule of law, and aw enforcement characteristics of the investigative organs. The fourth part introduces the necessity of improvement and perfection of China’s criminal search system, gives the direction of improvement and perfection on the guide of balance theory.